Tuesday, February 24, 2009

Yesterday...

I had my first mediation. We represented the good-guys and we were attempting to settle to avoid going to trial. Unfortunately that didn't happen. The main issue was money. After about five hours of mediation (the mediator going between the two parties, listening to both points of view) each party had only moved a few thousand dollars (us more than them) and a few hundred thousand dollar disparity existed. At which point the partner I was working with decided that we were going no where and just told the other party to leave. And they did. Although it was somewhat unproductive and everyone wasted more than half a day, I did learn a thing or two. It was my first mediation, so I did take a few things away from it. It was also neat to watch the different style of the partner and the mediator. All attorneys have different advocacy styles especially depending on the type of proceeding (mediation, arbitration, trial etc.) and all mediators are different in the technique they use when working with the parties. Personally since I was just assisting it was easy to take the side of our client - but I know that when it is my job to be the main attorney I will have to be a little more realistic and encourage our clients to move. Although an attorney is supposed to be an advocate, you have to open your clients eyes to the reality of the other sides case and somewhat play the devils advocate in order to get things moving. A client will only see the strenghts in their case and if you don't point out the weaknesses they are going to be very surprised and shocked when it goes to trial! Another good thing is that I don't have any trial experience. While I have done various hearings and proceedings none of them have been full blown trials. I have a case or two that will get to trial eventually, but litigation moves so slowly. So although trial is riskier than settling (in the case we did the mediation) I am very much looking forward to the experience. And although I am a little biased, I do think my clients have the better case!

The husband it on call tonight - there must be a number of births going on tonight because didn't answer his phone earlier and he hasn't tried to call me yet.
As far as prayer requests - Ms. Abbie is currently in labor as I write. So I am praying for a quick, smooth labor and a healthy birth of Ms. Campbell. And while we are on the subject of prayer requests I think I can now take my Mom off the list - she seems to have had a full recovery from her torn miniscus and her stomach issues! But while I take her off I will be adding my parents - just consider it a special intention - they are under a lot of stress with my Dad's job right now.
And although its early I think I will be calling it a night. I haven't gotten much sleep lately and it's making my days drag. But I am quite excited about the news of baby Cammie's arrival - here's hoping that I get some sleep!

2 comments:

Aliya said...

Cute blog! :)

LittleMissDreamer said...

I just found your blog. I've been dating my guy for over 6 years and he's a third year med. student. In fact, he just finished his Ob/GYN rotation which he hated (and I wasn't too thrilled about it either hehe). Anyways, I look forward to reading your blog!